An employee deemed unsuitable for a job may be dismissed without inquiry, particularly in cases of prolonged unauthorized absence.

ORDER

Per: - Rajinder Dogra, Judicial Member

1. The SWP/WP(C) No. 744/2016 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/8343/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

“a) Writ of certiorari, quashing the order no. DC/Rsi/N/3540-47 dated 25-03-2016 passed by respondent no. 3 whereby petitioner is discharge from service same being unfair, unjust, arbitrary, in sheer violation of rules, illegal, discriminatory and without jurisdiction.

b) Writ of Mandamus commanding the respondents to reinstate the petitioner as patwari with all consequential service and monetary benefits. AND

For issuance of any other appropriate writ, order, direction or command, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case in favour of the petitioner and against the respondents.”

3. The facts of the case as averred by the applicants in their pleadings are as follows:

a) That the petitioner is a permanent resident of state of J&K and Citizen of India as such he is entitled to all the statutory rights and remedies available in the Constitution of India as applicable to state of J&K.

b) That the petitioner was selected as patwari in pursuance to the selection list issued by Jammu and Kashmir Service Selection Recruitment Board vide no. SSB/Sel/Secy/09/2387-90 dated 05-08-2009, in the list petitioner figured at serial no.1 in the waiting list under RBA Category. The petitioner was appointed vide order no. 1582-87/SQ dated 25-11-2009.

c) That after joining, petitioner alongwith others vide order no. 1703-08/SQ dated 23-12-09 were relieved and was directed to report to the principal Revenue Training Institute, Jammu for training. The petitioner 24-12-2009 submit his joining report to principal Revenue Training Institute, Jammu.

d) That during training at Revenue training institute Jammu, headache and occipital tightness like problems started to the petitioner. But the petitioner had successfully completed the training and after completion of training petitioner was directed to report Deputy commissioner Udhampur vide order no. 792-901 dated 20-07-2010 and accordingly petitioner reported in the office of Deputy commissioner Udhampur.

e) That as already submitted headache and occipital tightness like problem emerges during training and when the petitioner did not feel any relief with the treatment of doctors he was advised to once consult a Neurologist, petitioner approached Dr. Sushil Razdan on 28-07-2010 a known consultant Neurologist and started his prescribed treatment but the condition of the petitioner inspite of improving worsened day by day petitioner went in depression and used to be irritated on no issue, keeping in view the petitioner's heath condition petitioner's colleagues informed his family and petitioner's father came to Udhampur, petitioner's condition was so unstable that petitioner's father decided to stay with him, during that period Deputy commissioner Udhampur vide order no. 2984-91/SQ dated 20-11-10 placed the services of some of the probationer patwaries at the disposal of respondent no.3 which includes the name of petitioner and respondent no.3 vide order no. DC/Rsi/10/1783-90/SQ dated 22-11- 2010 posted petitioner in patwar halqa Shikari of Tehsil Mahore. During that period petitioner's mental condition was not stable despite that petitioner accompanied by his father went to the office of Tehsildar Mahore and submit his Joining report on 15-12-2010 and on the same day applied for leave and on the request of petitioner's father and taking into consideration the health of t